Chester teen gets prison in fatal shooting

MEDIA COURTHOUSE — A Chester teenager charged in an April 2012 shooting during a birthday party at Minaret Temple No. 174 that left two dead and seven injured was sentenced Thursday to seven to 14 years in a state correctional facility for youths.

Though 18 now, defense attorney Michael Malloy argued that Kanei Avery was 16 years old at the time of the shooting and could greatly benefit from the youth-oriented facility.

Avery, who was charged as an adult for the April 8 shooting that claimed the lives of his cousin, David Johnson, 17, and Robel Laboy, 18, both of Chester, entered an open guilty plea to two counts of voluntary manslaughter in October.

The Delaware County District Attorney’s office had decided not to pursue murder charges, citing problems with evidence and witness cooperation. Assistant District Attorney Lindsay MacDonald noted at sentencing that the evidence did indicate at least four shots came from a weapon recovered from Avery at the scene.

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“The objective evidence is the defendant made a series of bad decisions, including getting a gun, bringing it to a 16th birthday party and discharging the gun in the room,” she said. “That series of actions led to a grievous result.”

Malloy gave an impassioned speech about a culture of violence that permeates Chester and the day-to-day dangers teenagers face in the city, and asked the judge to impose only the mandatory minimum of five years on each count.

Family members of Johnson, LaBoy and Avery also gave statements, including Johnson’s mother, Shakema Little, who said her life had become a daily nightmare since his death.

“I can’t sleep at night, I cry myself to sleep,” she said. “I never cried and screamed or hurt this much in my life. This pain I feel never goes away. ... My heart goes out to all mothers and fathers who endure this pain.”

Israel LaBoy called his son his savior for alerting his grandparents in 2001 that his father had been stabbed in the heart.

“He is a beautiful, beautiful, beautiful human being that was taken for no reason at all,” he said. “He is sadly missed and I just can’t do nothing without him.”

Avery also apologized to the families and said it was stupid of him to think a gun could protect him.

“I was threatened for years. I bought a gun because I thought it could defend me,” he said. “Instead, it put me in a spot where two people are now dead and I could have been dead that night. I should have had the courage to walk away and be myself. I wish I never touched a gun and I’m sorry for all the pain and stress I caused our families.”

Judge John P. Capuzzi said the problem of gun violence cannot be solved with more policing, but has to come from the community standing up and saying, “Enough.”

“This is not the first homicide I’ve had out of Chester where it’s been out of disrespect, or somebody couldn’t be on this side of town or that side of town,” he said. “There are no winners in this type of case. ... Whatever I do, whatever sentence I hand out, it never satisfies everyone. If I had a magic wand, I’d bring back these two young men. I’d set you free. I don’t have that magic wand.”

In addition to jail time, Avery was given five years of consecutive probation and ordered to pay more than $10,000 in restitution to both families.